TERMS AND CONDITIONS
Terms and conditions
1. Application and Entire Agreement
1.1 These Terms and Conditions ("Conditions") apply to every supply of services ("Services") described in any quotation, estimate, scope of works, schedule, or other offer issued by Matthew Fortune trading as Fortune Electrical, 14 Culley Court, Orton Southgate, Peterborough PE2 6WA ("we", "us", "our").
1.2 The party purchasing the Services ("you", "Customer") is deemed to accept these Conditions—together with the quotation or other written offer ("Contract")—on the earliest of (a) written acceptance; or (b) the commencement of any work.
1.3 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, or representation that is not set out in the Contract.
1.4 Any terms you seek to impose (including those on purchase orders) are expressly excluded unless agreed in writing.
2. Interpretation
2.1 Headings are for convenience only and do not affect interpretation.
2.2 A reference to one gender includes all genders; the singular includes the plural and vice versa.
2.3 "Business Day" means any day other than a Saturday, Sunday, or public holiday in England and Wales.
3. Services
3.1 We shall perform the Services with reasonable care and skill and in all material respects in accordance with the quotation and applicable law.
3.2 We may make changes to comply with statutory or safety requirements. We will notify you of any material change.
3.3 Unless expressly stated otherwise, these Conditions apply equally to any goods we supply in connection with the Services.
3.4 Day‑rate and Unquoted Works
Where work is:
(a) not the subject of a fixed‑price quotation; or
(b) expressly agreed to be carried out on our standard day or hourly rate,
all time spent on site is chargeable. Delays outside our control—including but not limited to late or incomplete delivery of Customer‑supplied materials, interference or delay by other contractors, restricted access, or site conditions—do not reduce the charges. Such time will be invoiced at the applicable rate.
4. Customer Obligations
4.1 You shall:
(a) provide prompt access to the site, drawings, information, power, and facilities as reasonably required;
(b) secure all third‑party permissions, licences, and consents before work starts; and
(c) ensure that the site is safe, clear, and ready for us.
4.2 Failure to meet the above entitles us to suspend or terminate the Services and to recover resulting costs or losses.
4.3 We are not liable for delay or failure arising from your breach of this clause.
5. Fees, Expenses, and Additional Works
5.1 The Fees are as stated in the quotation or, for day‑rate work, at the rate notified to you.
5.2 In addition to the Fees we may recover:
(a) reasonable travel, subsistence, accommodation, parking, congestion, or toll charges;
(b) costs of third‑party services required for the Services; and
(c) materials procured on your behalf.
5.3 Any work outside scope will be charged at our prevailing hourly/day rate unless otherwise agreed.
5.4 All Fees are exclusive of VAT and any other taxes, which are payable in addition.
6. Deposit
6.1 If a deposit is specified it is due within 7 days of acceptance.
6.2 We may suspend work until the deposit is received.
6.3 Deposits are non‑refundable except where we cancel the Services due to our own fault.
7. Cancellation and Variation
7.1 Our quotations lapse after 7 days unless accepted.
7.2 Either party may cancel an order before acceptance.
7.3 Requested variations must be in writing. We will confirm any impact on price or programme and you will be deemed to accept such impact unless you cancel the variation within 2 Business Days.
7.4 We will use reasonable endeavours to accommodate variations but may decline if unreasonable.
8. Payment Terms
8.1 We will invoice:
(a) on completion; or
(b) in stages/milestones as set out in the quotation.
8.2 Invoices are due within 7 days of the invoice date unless alternative credit terms are agreed in writing.
8.3 Time for payment is of the essence.
8.4 Late Payment
If any sum remains unpaid after its due date we may:
(a) charge interest at 10 % p.a. above the Bank of England base rate, accruing daily;
(b) charge an administration fee of £40–£100 in line with the Late Payment of Commercial Debts (Interest) Act 1998;
(c) suspend further Services; and/or
(d) set off payments against any sums owed by us to you.
8.5 Debt‑Recovery Costs
You shall indemnify us for all reasonable costs (including legal fees and third‑party collection agency fees) incurred in recovering overdue sums. We may pass the debt to a licensed agency without further notice.
9. Sub‑Contracting and Assignment
9.1 We may assign or subcontract any part of the Contract.
9.2 You may not assign or subcontract without our prior written consent.
10. Termination
10.1 We may terminate immediately if you:
(a) commit a material breach and fail to remedy within 5 Business Days of notice;
(b) fail to pay any amount when due; or
(c) become insolvent or subject to any insolvency procedure.
10.2 On termination you shall pay for all work carried out up to the termination date plus any committed costs we cannot avoid.
10.3 Termination does not affect accrued rights.
11. Intellectual Property
All intellectual‑property rights in deliverables remain ours until all fees are paid in full, whereupon a non‑exclusive licence to use those deliverables for your own internal purposes is granted.
12. Liability
12.1 Our total aggregate liability under the Contract is limited to the total Fees paid.
12.2 We are not liable for:
(a) indirect or consequential loss;
(b) loss of profit, business, revenue, or goodwill;
(c) delay beyond our reasonable control;
(d) your choice of Services or their suitability; or
(e) loss caused by your breach of the Contract.
12.3 Nothing limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be limited.
13. Indemnity
You shall indemnify us against all claims, losses, or damages arising from your breach of the Contract or negligence, including damage to our equipment.
14. Data Protection
The parties shall comply with the UK GDPR and Data Protection Act 2018. Further details are in our Privacy Policy (available on request).
15. Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control (including strikes, extreme weather, pandemic, etc.). If such event continues for 90 days either party may cancel unperformed Services.
16. Communications
16.1 Notices must be in writing and sent to the address or email last notified.
16.2 A notice is deemed delivered: courier—on delivery; email—on successful transmission; first‑class post—two Business Days after posting.
17. General
17.1 No waiver of any right is effective unless in writing.
17.2 If any provision is held invalid the remainder remains in force.
17.3 These Conditions may be varied only by a written document signed by both parties.
18. Governing Law and Jurisdiction
The Contract is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction over any dispute (including non‑contractual matters).
Insurance Details
Rhino trade insurance
ACRISURE UK MGA LTD
Policy: QCL/MGAMA/LIAB/2025/489416 Expiry date: 01/07/26